ContractSecond Supplemental Indenture • March 28th, 2008 • Nanogen Inc • Laboratory analytical instruments • New York
SECOND SUPPLEMENTAL INDENTURE, dated as of March 27, 2008, (“Second Supplemental Indenture”) between Nanogen, Inc., a corporation duly organized and existing under the laws of the State of Delaware, as Issuer (the “Company”), having its principal office at 10398 Pacific Center Court, San Diego, California 92121, and The Bank of New York Trust Company, N.A., a national banking association, as Trustee (in such capacity, the “Trustee”). Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the First Supplemental Indenture (as defined below).
AMENDMENT AND CONSENTAmendment and Consent • March 28th, 2008 • Nanogen Inc • Laboratory analytical instruments • New York
THIS AMENDMENT AND CONSENT (this “Agreement” or “Amendment and Consent”) dated as of March 27, 2008, is made by and between Nanogen, Inc., a Delaware corporation (the “Company”), and the undersigned holder (the “Holder”).
